Why five, not all 98?

Here in the patch, we find it extremely interesting to watch Dave Lohr's attempt to cherry-pick his way to the third and final spot as Fayette County commissioner. The effort raises some interesting questions that are flying below the radar.

You'll recall that on election night, Lohr's fellow Republican (and incumbent commissioner) Angela M. Zimmerlink was 10, 11 or 12 votes ahead of Lohr, depending on what number the election bureau was using and/or what number the particular media outlet was reporting.

After a painstaking and supposedly thorough process regarding the counting of absentee ballots -- a saga that involved scrutizining postmarks and the post office and a judge's ruling -- Zimmerlink was still the winner, only by then her margin had swelled to 18 votes (that's one-third greater than it was on election night).

Case closed? Not for Lohr, who apparently does not want to go down in the county's political history books as the only person to ever be a four-time loser in the quest to become a comissioner that dates back to his initial run in 1995.

No, Lohr and his attorney sought -- and have won -- a recount in five of the county's voting precincts. Fayette County Judge Ralph Warman has agreed with their argument that votes should be recounted in Bullskin Township 1 and 2, South Union Township 1, Masontown 2 and Connellsville 5.

According to court papers filed by Lohr attorney David Montgomery, as reported by Herald-Standard,com, "It is submitted that the closeness of the race among Ms. Zimmerlink and Mr. Lohr requires a recount and a recanvass of the ballots cast in the Nov. 8, 2011 election, as there exists a possibility of human or machine error in the counting of said ballots."

(It is also possible that additional absentee ballots delivered in time by carrier pigeon were deposited in the courthouse clock tower. Although that possibility is miniscule, perhaps someone should check, just in case.)

Here's the problem, as we see it: If Lohr and his attorney believe, and if Warman agrees, that "there exists a possibility of human or machine error in the counting of said ballots," wouldn't that possibility exist for all 98 of the county's voting precincts?

Of course it would. But the Lohr camp is only seeking to recount the vote (or more accurately, a partial vote, using only paper ballots and not those registered by machine) in five precincts. The question everyone should be asking is, "Why just those five?"

In his court papers, attorney Montgomery is reported to have said that, "... based on information believed to be reliable, that fraud or error, although not manifest in the general return of votes made from the subject election district, was committed in the counting and canvassing of ballots cast in the race for county commissioner."

Really? It seems to us that if attorney Montgomery and/or his client Lohr have "information believed to be reliable" that proves "fraud or error ... was committed in the counting and canvassing of ballots," they should be asking for an investigation by Fayette County District Attorney Jack Heneks or state Attorney General Linda Kelly.

But we digress. Back to those five precincts: What happens, hypothetically, if the recount of Bullskin 1 and 2, South Union 1, Masontown 2 and Connellsville 5, magically erases Zimmerlink's 18-vote lead and puts Lohr up by five votes?

Is that result set in stone, because Lohr and his attorney picked those five before the deadline for filing such a request passed? No one from the media has asked or answered that question, to our knowledge. But it should be asked and answered.

Our little hypothetical scenario poses quite a dilemma for Lohr: If the recount does put him up by five votes -- or 50 or 500 or 1, it really doesn't matter -- will he then ask that five more precints be recounted? Or all 98? (Assuming that the law allows for additional requests to be made.)

Or does Lohr say, "No, it took a while, but I'm finally satisfied with the election results. The people have spoken. Thank you, and good night."

You can bet the farm, including all Marcellus gas rights, that if the recount of only five precincts changes the outcome of this race, and if the opportunity to recount the other 93 precincts has already passed, some judicious cherry-picking did the trick.